All language subtitles for Law.and.Order.S11E07.Amends.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system

the people are represented

by two separate
yet equally important groups:

the police,
who investigate crime

and the district attorneys,
who prosecute the offenders.

These are their stories.

I'm looking at numbers,
Lieutenant Van Buren.

Grand theft auto
down 14%.

Burglaries down 11%.

You shut down a number
of quality-of-life conditions

in your precinct.

That's some excellent work.

Thank you.

Then I look at
your clearance
rate for homicides

and a whole different
picture emerges.

22% percent below
the borough average.

Van Buren:
Well, we've had
some tough ones

the last couple of months.

Come on, Lieutenant.

Talk to your Chief.

What's the problem here?

There's no problem, Chief.

We just have to try harder.

Unfortunately, that's not
an adequate response.

Well, I don't know
what other response

to give you, sir.

Something along the lines
of a guarantee

is what
we're looking for.

If it means culling
the cold case files

you get that clearance rate up,
or we'll make a guarantee:

we'll guarantee
you lose your command.

We can always find
a place to transfer you

where the pressure
wouldn't be as great.

Get the picture?

Yes, Chief.

Here's one from 1992.

Suspect dropped dead
from a heart attack

and the family of the victim
moved back to Kurdistan.

Why don't you put in
for travel vouchers?

See if they'll let us
clear that one.

This one's from '88.

Homeless male Caucasian
beaten to death

in a steam tunnel
underneath Grand Central.

We ought to be able
to home in on that
perp, no problem.

Yeah.

Well, here's one from '81

that Tommy
Brannigan worked.

Hmm... your old boss.

Yeah.

Marybeth Mosley
was 16 years old.

Beaten to death with a ratchet
on West 92nd Street.

Only suspect was a plumber

whose wife
provided alibi.

Maybe 19 years later,
she changes her story?

Hey, why don't you call your pal
at The Daily News?

They run a story about how
the case is still unsolved.

Maybe somebody pops
out of the woodwork.

Brannigan still with us?

Yeah. He's retired.

He lives out on the Island.

Want to take a ride?

The Mosley case, huh?

You guys must really
be looking for something to do.

Our boss needs to get
her clearance rate up.

So you go to a
20-year-old case?

We were hoping
the guy you liked

might have
a weak alibi.

This would be
the plumber?

Uh-huh. Fred Jenks.

The wife swore
she was with him?

Yeah. He was working
on the house.

Had a record.

We sweated him
as much as we could

but we didn't get anywhere.

Tommy, is there anything
you can think of

that might help us out?

If the wife's looking
to give him up

that's one thing.

If she's not...
I don't know what to tell you.

Mosley, Marybeth.

Initial here.

Any loss or damage
to the property

is the sole responsibility
of the signing officer.

Sign over here.

Where's the
deceased's clothing?

What you see is
what we got.

What about the
murder weapon?

"19-inch drive ratchet."

Maybe the DA held on to it,
or the vouchering officer.

Could be
it was misplaced in the move

from the old
property room.

Well before my time.

What's the sign-out
sheet say?

It's not attached.

How can that be?

20-year-old case,
Detective.

Give me a break.

Originally, they liked
the plumber, Jenks.

He had access to the girl,
and he had a record.

And an alibi.

Yeah. His wife.

Hmm.

Freddy and I split.

It's three years
this past Columbus Day.

You told the detectives
investigating your husband

that he was with you the day
the Mosley girl got killed?

I got a job by Roosevelt Avenue
and Main Street

going out to Bayside.

Who's over there?

Do you remember
telling them
he was with you?

Yeah. I remember saying
he was with me.

We were buying
that green velvet recliner

I got in my basement.

Car 2-1-4,
are you going to tell me

you're not by Roosevelt Avenue?

Ma'am, can you tell us

where we can find
your ex-husband?

He's working in Chelsea.

I shouldn't even be talking
to you without my lawyer.

Hey, it's your call.

We can always come back.

Just a couple loose ends.

Oh, loose ends.

You guys never go way,
do you? Here.

Look, the theory of
the case back then

was that she was
killed by somebody
who knew her.

Which is why they
focused on you and
your yellow sheet.

Focused?

Friggin' cops practically
rented a space in my keister.

Hey, you were working
in the Mosley house

at the time
of the murder.

I was working
in the Mosley house

on the day of the murder.

At the time of the murder

I was with my wife buying
a recliner.

Wives can be pretty
loyal, even ex-wives.

You want someone else?

Johnny Estrada helped me
move the recliner

because my ex-wife...
was too delicate.

Go and ask him.

Since the stroke,
some things I know.

My eldest went to Syracuse
to college

but I can't remember
where he lives now.

Ramon esta
in Albany, Juanito.

Oh. Si. Gracias, Soledad.

He knows.

He just can't remember.

Señor Estrada, you told
the police that you were

with Mr. Jenks around 7:00

the night the girl
was murdered?

Whatever I said,
it was the truth.

Well, maybe just
to help a friend

you shaved
a few minutes, huh?

No, sir.

Fred Jenks is not a murderer,
and I am not a liar.

A man does not go out
to buy an easy chair

after he's murdered
a young girl.

You worked in the Mosley
apartment at the same time

as Jenks?

Yes. I was a painter.

I know it was a long time ago,
but is there anything

you remember from being
in the house

that can help us?

I remember a lot of boys
being in there

and the young girl,
she was very beautiful.

19 years...

Sometimes I wake up,
I think it's all a dream.

I know.

I'm sorry we have to bring
the whole thing back.

Hmm.

Uh, Marybeth came home
from school.

St. Julian's on Columbus Avenue.

She had a riding lesson.

The stables on 97th?

Mm-hmm.

She went up to change.

Oh.

Then she comes down those stairs
two at a time...

in her riding clothes.

Always in a rush, that one.

I told her to sit down;
I'd make her a sandwich.

She was so skinny.

If I hadn't made her eat
that sandwich

maybe... he wouldn't
have seen her.

Did your daughter date, ma'am?

Between school, riding,
the piano

she didn't really have the time.

Was there anyone who was
interested in her?

Quite a few.

Marybeth Mosley...

We called her "M&M":
"Melts in your mouth."

Hey, it was the '80s.

"Blame It On The Boogie."

What was your
relationship

with Miss Mosley,
Counselor?

Strictly platonic.

That was one
I didn't get a chance

to put in the trophy case.

Oh, I can see her death
still weighs on you.

Am I showing
an insufficient amount

of reverence for the dead?

Forgive me.

Anyway, like I say,
I just admired her from afar.

Well, can you think of anyone
who might have admired her

a little closer up?

The only one I can remember
her going out with

is Michael Sarno.

Although I
don't think

she gave it up
for him, either.

Any relation to the Sarnos?

Yeah. The Ambassador's son,
the Senator's nephew.

You're saying that Sarno
went out with the Mosley girl?

Yeah, for a while,
but from what I remember

Sarno was too much
of a wild man for her.

Or maybe she was just too much
of a good girl for him.

Either way, they were broken up
by the time she was killed

because I remember,
he didn't come to the funeral.

Now, if you'll excuse me.

I've got
a 10:00 in court.

Ooh. This is like looking
into a muddy lake

and trying to
see the bottom

and I have to say,
your friend Brannigan

he wasn't
a whole lot of help.

All right. So we'll talk

to some of the
other cops who
worked the case.

Most of them are retired
or dead.

You know, I saw Charlie Curran's
name on the file.

I know he's still with us.

I had just gotten bumped up
to the squad.

Me and a bunch
of other detectives

were assigned to a task force
to work the case.

And you liked
the plumber, right?

Personally, I had doubts.

I mean, we looked at him.

We had this guy's phones up.

We talked to everybody
this guy ever knew-- nothing.

I wanted to concentrate more
on some of the college boys

that were hanging
around her.

There was this
one kid-- Sarno.

Rich kid. Nasty
drunk. Tea head.

Thanks.

My call? We would've
sweated him good.

Whose call was it?

Tommy Brannigan.

He was the lead detective.

He was Homicide

as opposed to a slob like me
from the precinct.

He wasn't keen on
going after anyone but Jenks.

I opened my mouth
one too many times...

"Back in the bag you go,
Charlie."

Brannigan was the
one who busted you?

No.

Tommy's good people.

As it turns out,
he talked to the Sarno kid.

And?

And I wish I had known
that fact.

I went over his head
to a captain.

A week later,
I'm walking a foot post

in Washington Heights.

Could've got back on the squad
if I wanted

but the truth is,
I'd rather be in uniform.

Too much politics
in being a detective.

I don't know how
you guys do it.

Oh, we're different.

We're in it for the money.

Thanks, man.

Tommy, you need
anything from town?

Your favorite Sunday, Lennie--
lamb on the spit.

I'll be there, Peg.

Nice to meet you, Ed.

Oh, you're welcome
too, of course.

Thank you,
Mrs. Brannigan.

Sarno, I think I remember him.

He was a skinny kid.

Your notes on the interview
are missing.

That doesn't make sense.

But Charlie Curran said
you did talk to him.

Right.

And?

He had an alibi.

So did the plumber.

Kid didn't have a record,
which Jenks did.

The kid was away
at college, which
Jenks wasn't.

The kid had his old man,
who was a citizen--

not to mention an Ambassador--
backing him up.

Who should I have believed?

You understand
this was all before my time.

We just need to
know if Mr. Sarno

was here on the
day in question.

We consider all aspects
of our students' records

to be privileged.

We don't

and we can always come
back with a subpoena.

But we couldn't
guarantee

the press wouldn't
get wind of it.

Mr. Sarno was not on campus.

How do you know?

He was suspended on
the complaint of a young lady.

A fellow
student?

Local girl.

After a full and fair hearing

he returned to
the university
a year later.

What was he suspended for?

Will this information be treated
with discretion?

It was nothing.

I don't want to
talk about it.

Nothing?

The scion of
the Sarno family

was tossed
off campus on
your say-so.

What did he do?

Why does it matter?

It was so long ago.

Did I mention we're
homicide detectives?

I was seeing Michael.

I met him at the bar
where I waitressed.

We both knew
it wasn't going anywhere.

I mean, he was a Sarno...
and I lived with my mother

in a trailer park.

But it
was exciting.

Then why the complaint?

It was after
a keg party on campus.

I was supposed to be
Michael's "townie" date.

I left him pawing some Chi Delt.

Then all of a sudden,
I hear him pull up

in his little red sports car
that I loved going for rides in.

He was drunk.

He started putting
his hands on me.

What did he do?

He pushed me down.

I hit him, then he hit me,
then he raped me.

I reported it
to the school administration.

I got a call
from Sarno's father.

Why didn't you call the police?

Did Sarno threaten you?

You don't get it.

The Sarnos don't threaten.

They don't have to.

His father
wrote a check.

I signed a paper.

A paper saying what?

That I had consensual sex
with him.

I was working two jobs.

Back then, it seemed like
a lot of money.

My client knew
Marybeth Mosley

and he liked
Marybeth Mosley

but he absolutely
did not rape or kill her.

And Stephanie Luchien

at college?

Your client
like her, too?

That was consensual.

Michael, please.

You know, your
insinuation is absurd.

Miss Luchien signed

a sworn statement
to that 20 years ago.

You pay off every girl
he attacks?

Cheaper to marry him off.

Detective.

All right.

Michael...

Mr. Ambassador...

Come on.

These people
have nothing.

Uh, If you anticipate
using Stephanie Lucien

as a pattern rape witness

Miss Carmichael,
think again

and when you
do, think about
your witnesses:

invalids who can't even
remember their own names

or are dead or missing

along with
half the physical
evidence? Please.

That's enough,
Barry, let's go.

All right. Gentlemen,
Ms. Carmichael.

Now what?

Remember what
the Luchien girl said

about the little red sports car?

You want to check the DMV
for citations?

It's how they nabbed Berkowitz.

No.

Nothing registered
to a Michael Sarno.

A red sports car

uh, like 1980, '81?

Sorry, database
is not set up

for a model search.

Okay, try any
variation on "Sarno."

Maybe we'll
get lucky.

Got a Peter Sarno.

The Ambassador.

Peter Sarno owned three sedans
and a vintage TR-6, red.

A Triumph...
a kid's ride.

With a parking
citation issue

in the Borough
of Manhattan

August 21, 1981.

The day of the murder.

DMV can't even spell
my name right

they got a 20-year-old ticket

in the system?

Go figure.

Hey, we know
Sarno's the guy.

We just can't
find anything
to lock it down.

Nothing further
on the kid's whereabouts

on the day of the killing?

His car was in New York,
but nobody we talked
to puts him with it.

And we talked to everybody.

Well, if it's obvious to the two
of you 20 years later

how did Brannigan manage
to miss it at the time?

Looks like he has a hard time

believing an ambassador
would know how to lie.

Hey, Tommy Brannigan's
the best pure cop I ever knew.

Lieutenant, this guy would like
to have a word with you.

Can't you handle it?

Um, it's about the Mosley case.

Oh, thanks.

I saw in the paper

that the Mosley case
was being investigated again

and it made me remember

this thing
that this guy said one time.

What guy?

I can't tell you that.

What can you tell us?

Uh, this guy said...
he killed a girl.

He said he-he beat her
with a ratchet

after a night of drinking.

I know he knew
the Mosley girl.

I think it was her.

How did he come
to tell you this?

We were in rehab together.

It was in a meeting.

For this information
to be of any use

you're going to have to tell us
who the guy is.

I'm not at liberty
to say who it is.

Why did you come here,
Mr. Paley?

I don't know.

I...I was afraid maybe
you'd arrest the wrong guy.

And how does
this stop us

from doing that?

Well, you-you could maybe

tell me who it is
that you're going to arrest

and I could tell
you if it was the
same guy or not.

Lieutenant, uh, would you
and Detective Green

excuse us for a minute?

Sure.

How much time you got in?

Two and a half years.

I'll have five years February 5.

So you know...
I can't say a name.

Yeah, but I know this:

there's a woman out there
who lost a daughter

who deserves some closure

and there's
a bunch of cops

trying very hard
to find out who
committed a murder

20 years ago.

Now maybe they're going
to arrest the right person

but there's always a chance

they could arrest
the wrong person.

So what are you saying
I should do?

Ask your higher power
what's right.

Michael Sarno,
you're under arrest

for the murder
of Marybeth Mosley.

Dad...
Not a word,
Michael.

Michael, trust me,
you'll be fine.

Are those necessary?

Detective, my client's
surrendering.

Yeah, sure, if
he gives us his
word of honor

never to do it again,
we'll just forget
the whole thing.

One count each Murder
in the Second Degree

Rape in the First Degree.

1981?

A little slow stepping
up to the plate

on this one, eh,
Miss Carmichael?

Mr. Nathanson?

Not guilty to all
charges, Your Honor.

People request remand.
The defendant is
being charged

with a murder he's taken pains
to conceal for two decades.

He's concealed nothing
because he's done nothing.

He's confessed,
Your Honor.

Nothing of the sort

and defense challenges
the statement as uncorroborative

of the underlying charges.

It's a matter of fact
for a jury, Judge.

Your Honor, we...

Save it for trial,
Counselor.

Bail is set
at one million dollars.

We'll post that before lunch.

I'm happy
for you both.

Next.

Ah, you see, JJ

what detectives do
90% of the time

is sit around
and drink coffee.

And you got perfect timing, too.

We were just going
to send down for lunch.

What's up, JJ?

Want me to show him
how to roll fingerprints?

Very nice of you, Ed,
but I don't want to be a bother.

No bother. You want to go?

Could I?

Sure.

I'll be down for
you in a second.

Thanks for calling me
about the collar.

Oh, hey, after the boss,
you were the first one

to find out.

I dug around in my notes
for the name and address

of this girl, Janice Trainor.

She was Marybeth's girlfriend.

I figured they might
want her for a witness.

Yeah, I'll let them know.

You wouldn't happen to know
whether they were planning

on calling me as a
witness, would you?
No, I don't.

The only reason I ask is
I'm supposed to go down

to my daughter's in Florida
around then, and I'd be

looking to buy the tickets
a couple of weeks in advance

on account
of the fare.

You call in
to the DA's office?

Oh, I don't want to be
a pain in the ass.

Give me a call
if you hear anything

will you?

You got it.

And congratulations.

Oh, hey, we caught a break.

I wish it
had been me

but if it wasn't me,
I'm glad it was you.

Take care, Tommy.

Nathanson is right behind me.

What can we do
for you, Barry?

Ah, some preliminary matters.

Like pleading your client
to the top counts?

Hey, hey,
sense of humor.

Something
your predecessors lacked.

I like that.

Half your witnesses are dead
or in need of nursing care

missing evidence,
contradictory statements.

No, Mr. Sarno is not inclined

to plead to anything.

Fine.

I'm curious to hear
how he explains

his confession to a jury.

Confession?

Doesn't pass
the laugh test, Jack.

Motion to suppress.
Only person ever hears

of my client's purported
statement's a judge.

"Sarno's alleged declaration,
ambiguous at best

is, in any event

inadmissible
as privileged."

Didn't you tell me

Sarno confessed to a friend
in a group therapy session?

Yeah, Paley.

He's the only one
who wants to talk.

Well, he'll have to do.

Every do-gooder in town

is jumping
on the Sarno bandwagon.

Amicus briefs on the motion
to suppress:

AA, ACLU, AMA.

Now, Doctor,
you are a psychologist

licensed
by the State of New York?

I am.

I'm also the director
of the Morningside Clinic

a drug and alcohol
rehabilitation institute.

And you were leading

a group therapeutic session
on the morning in question?

Yes, Mr. Nathanson.

Mr. Sarno was one
of four patients

undergoing intensive
counseling sessions

as part of their treatment
for alcohol addiction.

Now, Dr. Hermann,
without revealing the remarks

of any of the participants,
is there any doubt in your mind

that this session was conducted
within the confines

of a professional setting?

No, none whatsoever.

What's to stop
a member of a group

from telling someone-- anyone--

what was said
in a therapy session?

Legally, I'm not qualified
to answer, sir.

Morally, ethically,
I believe my patients feel bound

by a sense of
confidentiality.

"What you hear here,
when you leave here

let it stay here."

You're aware that notion

has no legal effect?

Objection. The witness
has already stated

that he holds no degree
in jurisprudence.

Sustained.

As Lead Counsel,
I speak for all parties.

Whatever Mr. Sarno may have
said falls under CPLR 4507.

That section creates
the privilege

between a psychologist
and one client, singular.

Mr. Sarno was in a group
therapeutic session

conducted within
AA guidelines

supervised by a
licensed psychologist

Your Honor...

This is not just my
position, Your Honor

but those of the American
Civil Liberties Union

and the American
Medical Association and AA.

Your Honor has
their amicus submissions.

So we're on
the same page.

Your client did admit
killing the Mosley girl.

I make no such concession,
Your Honor.

Mr. Sarno made
his statements

in a room full of people.

Their presence shatters
any privilege.

Not if they're all members

of a therapeutic group.

The privilege radiates

from the psychologist
to each member.

People v. Wilkins:
"The privilege between
psychologist and client

should be viewed as
broader--broader-- than
doctor-patient."

There is no confidentiality
when others are included.

The point of group
therapy, all therapy

is to heal, through revelation
and sharing.

Where does it end,
Your Honor?

Privilege, as such, is designed

to be as narrowly drawn
as possible.

Your Honor, be advised

that the organizations
represented here today

are prepared to take this point
on appeal all the way up

to the nine wise souls
in Washington, if necessary.

Enough.

The purpose of the statute

conferring psychologist-client
privilege is clear.

Without unfettered communication

between therapist
and client

the therapeutic
effect would suffer.

That Mr. Sarno made statements
in front of other clients

I find immaterial.

The motion to suppress
is granted.

Counsel is to pick
a date for trial

preferably a
short one.

Mr. McCoy...

Mr. Nathanson tells me
you have little in
the way of evidence

and now you haven't got
my son's statement, either.

All due respect,
Mr. Ambassador

we have sufficient
for conviction

as Judge Rivera indicated.

Please, Mr. McCoy,
we're not children here.

I know the distance between
a technical sufficiency

and a conviction.

What do you want,
Mr. Sarno?

I want what any parent
in my position would:

an end to the persecution

of my boy.

It's prosecution,
not persecution,
and we're doing this

because we think
your son is guilty.

Please, spare me
the fake pieties, Counselor.

You're doing it
to see your name in the paper.

Missing murder
weapon, no DNA

no eyewitness,
no confession.

And with Nathanson,
you ain't seen nothing yet.

So where do we start?

I'll dazzle them
in the courtroom
as long as I can.

See what you can dig up.

Okay, the ME at the
time was Dr. Singh.

Deceased.

There's no putting him
on the stand.

Well, his report
still establishes

that Mosley was killed
with a ratchet.

Well, jurors aren't
generally too taken
with pieces of paper.

And the ratchet
itself is gone.

Yeah, now how does
that happen?

Well, once an
investigation's concluded

evidence is moved from
One PP to a warehouse in Queens.

Sometimes it gets lost,
mislabeled.

And what about before
an investigation is concluded?

It stays in the property room.

Unless?

Unless someone
signs them out

and we've looked for those logs
and they're nowhere to be found.

Can we find out

who made the entries
in those logs?

Sure.

Maybe we'll actually find
someone who's alive.

At the time of the original
investigation

I was assigned to assist
the primary investigator

in the collection of evidence.

In that capacity

did you have occasion
to visit the Sarno family home?

I did.

Specifically, I entered
the underground parking area

of the Sarno townhouse
on Fifth Avenue.

Could you please
tell the jury

what, if anything,
you observed there?

Mr. Sarno maintained
a well-equipped workroom

including an extensive
collection of tools.

Among them was a large set
of drivers and ratchets.

Missing from these
was a one-inch driver.

Nothing whatsoever
of this witness, Your Honor.

Marybeth Mosley.

Was she popular in school?

I used to be so jealous of her.

Her hair was so straight,
gorgeous skin.

She was
very popular.

Did you know if she had
feelings for the defendant?

For a while she did.

He was funny and he
had a lot of charm

and he really made
an effort to sweep
her off her feet.

One summer, they
wound up going out.

Were you aware of what
it was that made them

stop going out?

Michael wanted a full-on
sexual relationship

and Marybeth didn't.

She was definite
about it.

He wouldn't take
no for an answer.

Objection.

How on earth does she know
what my client

would or would not
have taken for an answer

going back-- what it is?--
20 years in time?

Sustained.

Ms. Trainor, was there a time

when, in your presence

Marybeth Mosley physically
rejected Mr. Sarno?

We were at
a school dance.

Afterwards, a bunch
of us went for burgers.

Michael sat beside Marybeth.

He put his hands on her.

I'm pretty sure he was drunk.

She told him to
stop. He wouldn't.

She threw a basket
of fries in his lap.

That slow him
down a bit?

No, and when she started to cry,
he laughed at her.

He said he could have her
any time he wanted.

Thank you, Miss Trainor.

I have nothing further.

Those his words, Ms. Trainor?

"I can have you
any time I want"?

It's hard to remember exactly
after 20 years.

So your response

to Mr. McCoy's question was
what-- inexact

or invented?

Objection.

No, I'm going to allow it.

I was trying to remember.

Anyone from the District
Attorney's Office help
you to remember?

Objection.

Sustained.

Ms. Trainor,
did you relate any part

of this tale of rejection
to the police

20 years ago?

I spoke to a detective, yes.

So, it's your testimony
as you sit here today

that you told an NYPD detective
that my client

was what? Going out
with Ms. Mosley?

Yes.

That he was
actively

sexually pursuing her?

Yes.

Your Honor, I call for
the production of police reports

reflecting the statements

of this witness.

Counsel, step up.

Do you have this,
Mr. McCoy?

Judge, it's been 20 years.

Some of the documentation
has been mislaid.

My client's accused of murder
and Mr. McCoy pleads sloppiness?

This is
unbelievable.

Save the histrionics
for the closing, Barry.

Whether she spoke

to a detective 20 years
ago is immaterial.

She's here now.

Your Honor,
they're pulling

an O.J. in reverse.

Instead of planting evidence

they're framing my client
with the absence of it.

That's an outrageous accusation.

I move to strike

the witness's testimony
in its entirety.

Denied.

Well, I reserve the right
to argue in closing

that the testimony is
unsupported by documents

and that it's fabricated.

Granted.

Now step back.

I wasn't always
in the property room you know.

1963, I was wounded
in a shoot-out--

one of the Chinese gangs
down on East Broadway.

Really?

And don't think I didn't
make a collar anyway--

two of them, yeah.

I walked them out
with my arm in a sling.

I could show you pictures.

Well, actually...

Um, a young woman was killed
around 1980

a Marybeth Mosley.

The evidence
from her case

disappeared from
the property room.

Mosley.

Oh, wait a minute...

She was killed

with a wrench.

A ratchet, yes.

1980...

Right.

So... we weren't on
Broom Street anymore.

Do you remember anything
out of the ordinary?

Well, I remember
some guy trying

to check things out
without signing for them.

In fact, it was a wrench,
if I do recall.

Do you remember who?

Some detective...

I don't remember
his name.

Oh...

"Driving for Inspector
Holsick" is what he told me.

I said I don't care who
you're driving for, Skippy

you sign the ledger
or you're not taking
out nothing.

And did he?

You're damn right he did.

Finally, Detective

did you attempt to retrieve

the clothing Marybeth Mosley
was wearing

on the day she was killed

from the police property
clerk's office?

Yes.

And the murder weapon?

We-- my partner and I--

were told that
they couldn't be located.

Did the property clerk

have any explanation for why
the items were missing?

He said they might've been lost

during the course
of a move to a new building.

Thank you, Detective,
nothing further.

You've never laid eyes

on the alleged murder weapon,
have you, Detective?

Well, I've never seen

the dark side of the moon,
either, Counselor

but I know it exists.

Maybe that's where
the ratchet is.

I couldn't say.

Nor can anyone else.

Which may mean, could it not

that the ratchet purportedly
missing from the Sarnos' garage

wasn't the murder
weapon at all?

That the murder
weapon was, in fact

a hammer or a paperweight.

I guess anything's possible.

Nothing further.

Michael, how well

did you know
Marybeth Mosley then?

We dated for one summer.

Mostly we were just friends.

Ever kiss her?

Sure.

Ever have sexual
relations with her?

No, sir.

Michael, we've
heard testimony

that you struck Ms. Mosley.

Totally untrue.

We've heard
testimony that

in front of others, you swore

you could have her
whenever you wanted.

Look, I don't remember
what I said 20 years ago.

Could I have said something
like that fooling around? Sure.

But that's what it was,
fooling around.

Michael

did you murder
Marybeth Mosley?

I did not, sir.

Thank you, Michael.

Nothing further, Your Honor.

Do you remember telling
Detective Thomas Brannigan

that you were in college...

...that you were in college
in New Hampshire

on the day Marybeth Mosley
was murdered?

Yes, sir.

Was that the truth?

No, sir.

I'd been suspended from college.

I didn't want my father

to find out.

And you weren't in New York City

on the day Marybeth Mosley
was killed?

No, sir.

But your car was.

Your Honor, would you direct

the witness
to answer?

Mr. Sarno.

I didn't own a car,
Mr. McCoy.

All right,
your father's car

a Triumph, Model TR-6

which you routinely
drove back and forth to college

and used as your own.

Was it, sir, in New York City

the day of
the murder?

Not to my knowledge.

Do you know how
that car came to have

a parking violation issued

by the New York City Police
on that day?

Objection.

If the witness had no knowledge
of the car's whereabouts

how can he possibly answer
that question?

Sustained.

I have no further
questions at this time.

I reserve the right
to recall at a later date.

Got anything?

We need to talk
to Brannigan.

What is it with you guys
and this case?

It's 20 years ago.

There's no statute
of limitations on murder.

You know how many cases
I've handled

in the 23 years
I was on the job?

I don't remember
details of one case.

You don't remember anyone
getting rid of evidence?

No, I don't.

Was there anyone

in the Police Department
who tried to influence

the way you conducted
the investigation?

What are you saying?

We're asking
the question.

I mean, this is just
a friendly conversation.

Do you know how
it happened

that evidence disappeared
from the property room?

No.

No, I don't.

I don't know nothing.

Now, you were in charge
of the investigation

into Marybeth Mosley's death,
were you not?

I was.

And you conducted
that investigation

in the immediate aftermath
of her death?

Right.

So the people who knew
the defendant

who knew the victim

their recollection
of people, places and things

they would have
been fresh then,
would they not?

Objection, leading.

Sustained.

Did you consider

Michael Sarno a suspect
at the time?

Tell you the truth

I don't remember loving anyone
all that much for a suspect.

Well, as a matter
of fact

wasn't the primary
focus of your
investigation

a plumber

who had been working
at the Mosley house?

Right. I thought we had
half a shot with the plumber.

Well, why didn't you think

you had half a shot
with Michael Sarno?

As far as we knew

he wasn't in New York
at the time of the murder.

That's the end of the story.

I have nothing further.

Do you think your opinion

of the defendant's
whereabouts would
have changed

if you knew his car
had received

a parking violation
in New York

at the time
of the murder?

As I recall

the car that received
the parking ticket

was registered
to his father.

But driven by the defendant.

I don't recall having
that information at the time.

What about
the fact

that a one-inch drive ratchet
was the murder weapon

and a one-inch drive ratchet

was missing from
the defendant's
father's garage?

Given the fact

that we lost
the murder weapon

I couldn't very well
make a case out of that.

Would you,
by any chance

know how the murder weapon
came to be lost?

No, I wouldn't.

Were you familiar with

a police inspector
named Alvin Holsick?

Yeah, I knew Al Holsick.

Were you aware that from
the time of his retirement

until his death two years ago

he was working for
the defendant's father

and being paid more
than $100,000 a year?

I don't know
if I knew that at all.

I kind of lost track
when he took retirement.

Were you aware

that it was
Alvin Holsick's driver

who removed the
murder weapon from
the property room?

Objection. Assuming facts

not in evidence.

I'll connect, Judge.

Overruled,
subject to connection.

Detective.

I don't know who took it.

All right, Detective,
I'm going to ask you a question

and I want you to think about it
before you answer

because what you say

will be with you
for the rest of your life.

Did Inspector Holsick

interfere with your
investigation?

Holsick looked after me.

He said Sarno's not the guy.

I was a little naive.

I said, "I don't know,
Inspector, I think maybe he is."

He said, "You're not
hearing me, Tommy.

"I'm telling you--

"Sarno's not the guy

"and as soon as that proves
to be the case

you just made yourself
First Grade."

And how did you respond?

I said,
"What about the evidence?"

He said make sure
that the murder weapon

is checked into
the property room.

He'd take care of it.

He said Sarno
was spreading
around enough cash

that whatever's
out there

wouldn't bite us.

Did you do what you were told?

I made First Grade, didn't I?

No special pins,
nothing on the uniform

just top Lieutenant's pay,
and every cop knows.

My old man, rest his soul

he looked on First Graders
like they walked on water.

When I got it,
I went down

to the nursing home
and I told him.

I didn't tell him
what I had to do to get it.

That I had to let that
murdering son of a bitch go.

We're prepared
to offer a plea of
Manslaughter Two.

Oh?

As opposed to an acquittal?

As opposed to giving this case
to the jury

in which case,
regardless of the verdict

we will prosecute
Mr. Sarno, Sr. here

for obstruction
of justice

and conspiracy
to obstruct justice.

Have you lost your mind?

Peter, Peter, just
hang on a second.
Do you have any...?

Let's assume you have
more than the say-so

of this broken-down cop
to go on

which I don't think you do.

You're talking about something
that happened

20 years ago, Jack.

Statute of limitations
ran out a long time ago.

Come on.

We would argue

that the conspiracy
has been ongoing

and that since Mr. Sarno
actively concealed his crime

the statute of limitations

does not apply.

Wrong on the facts,
wrong on the law.

Want to go to court on it?

And take a chance
on the Ambassador

having an E-felony

hung around his neck?

He doesn't deserve that.

Plead guilty
and your father's off the hook.

But I mean he
doesn't deserve it.

If there was a crime,
it was my crime.

Why would you go after him?

I'd like to talk to my son
privately.

Like, how much time
would I have to spend

in jail for manslaughter two
or whatever it is?

Did you hear what
I said, Michael?

I'd like to talk
to you privately.

The sentencing
recommendation

would be eight-and-
a-third to 12 years.

Talk to me.
Don't talk to him.

You're not his lawyer,
Mr. Sarno.

That's right, I'm his father.

He's 39 years old.

He's also loaded

or haven't you
noticed that yet?

Michael, is that true?

I'm fine.

All right, he can't participate
in plea discussions

if he's intoxicated.
Come on.

Fine.

We can continue without him
or we can resume this tomorrow.

I'm going to call your boss.

I'm going to get both of you
busted down the ranks.

You will be lucky
if they let you work

arraignment from
the drunk tank on
Saturday nights.

We don't have much

of a social life
as it is.

Make whatever
the arrangements are.

I'll plead guilty
to manslaughter.

I'm telling you
to keep your mouth shut.

You're a drunk,
you're a junkie...

I'm also a murderer!

Obviously, we'll need
to confirm he's not impaired

when he enters
his plea formally.

You are going to answer
for this.

As will we all.

Tommy!

Tommy, you in there?

There you are.

My wife's been after me
to fix this thing for a year.

Well, it's good you
finally got around to it.

Afraid I was going
to eat my gun?

Now why would
you do that?

I disgraced myself.

Disgraced the job.

You made a mistake.

That's not the end
of the world.

I let him go.

He killed a girl
and I let him go.

So now he's caught.

You forgive me, Lennie?

All day long, Tommy.

All day long.